2008 INSC 0468
                                    SUPREME COURT OF INDIA

                                               Pradeep Singh

                                                      Vs.

                                     Gopal Chandra Agarwal & Ors.

                                           Crl.A.No.349 of 2008

                  (K.G.Balakrishnan,CJI., C.K.Thakker and R.V.Raveendran,JJ.)

                                                 15.02.2008

                                                   ORDER

(Arising out of SLP (Crl.) No.2458 of 2005)

1. Leave granted. Heard learned counsel for both sides.

2. By the impugned order dated 10.12.2004, the High Court has quashed the entire criminal
proceedings initiated by the Appellant against the respondents 1 to 3 for offences
under sections 379, 406, 411, 504 and 506 IPC. For this purpose, the High Court has relied
on the documents brought on record by the respondents 1 to 3 and assumed them to be
genuine. The High Court has also opined that the dispute between the parties is of a civil
nature and the criminal complaint was filed on account of mala fides of the Appellant.

3. The Appellant submitted that the police on investigation found that the accused had
committed the offences and had filed a charge-sheet against them.

4. We have perused the judgment passed by the learned Single Judge and find that no reason
has been for arriving at a conclusion that the claim of the Appellant was of civil nature and
complaint was motivated by mala fides.

5. We, therefore, set aside the judgment passed by the learned Single Judge and request the
High Court to reconsider the Criminal Miscellaneous Case No.422 of 2003 and pass fresh
order in accordance with law.

6. The appeal is disposed of accordingly.

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